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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2017 » April » 11
ISSUING PROCEEDINGS BEFORE LETTERS OF ADMINISTRATION ARE TAKEN OUT: A FATAL ERROR FROM THE OUTSET

ISSUING PROCEEDINGS BEFORE LETTERS OF ADMINISTRATION ARE TAKEN OUT: A FATAL ERROR FROM THE OUTSET

April 11, 2017 · by gexall · in Civil Procedure, Fatal Accidents, Members Content, Striking out

In Qunintana -v- Surrey and Sussex Healthcare NHS Trust 28/03/2017 Master Cook upheld the established principle that an action cannot be brought by administrators of an estate before the letters of administration are taken out.  Proceedings cannot later be amended…

RELIEF FROM SANCTIONS GRANTED TO DEFENDANT WHO APPEARED BY COUNSEL: A "SURPRISING STATE OF AFFAIRS" PUT RIGHT

RELIEF FROM SANCTIONS GRANTED TO DEFENDANT WHO APPEARED BY COUNSEL: A “SURPRISING STATE OF AFFAIRS” PUT RIGHT

April 11, 2017 · by gexall · in Appeals, Civil evidence, Members Content, Relief from sanctions

There may well be a term for the process by which a number of decisions, which appeared sensible at the time they were made, lead to a ridiculous result. This principle may well apply to what happened in Falmouth House…

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